US District Court Colorado, Judge Matsch's ORDER:
"Where an agency action is found to be arbitrary and capricious, an abuse of discretion, or 39 otherwise not in accordance with law, the Court must “hold [it] unlawful and set [it] aside.” 5 U.S.C. § 706(2). The Court finds and concludes that Defendants‟ actions violated the APA in the respects specified in this decision.
Accordingly, it is ORDERED that the Record of Decision dated May 21, 2017, is SET ASIDE.”
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I recall back in January 2016 having Mike Blakeman (Public Affairs Specialist RGNF) advise against speculation and to let the judge judge based on the merits of the case. He reminded us that Judge Matsch had a distinguished record and could be trusted to take the time to wade through the documents and sort out the facts, then to make a reasoned and fair decision. It's now May 20th, 2017 and the judge's considered and legally binding decision was released yesterday. In essence Red McCombs' Village at Wolf Creek land swap deal has been rejected by the Federal Court.
Without comment, though I did add emphasis, I'm sharing the text of Judge Matsch's full decision, I thank FriendsofWolfCreek.org for posted it at:
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Case 1:15-cv-01342-RPM Document 67 Filed 05/19/17 USDC Colorado
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 15-cv-01342-RPM
Plaintiffs,
ROCKY MOUNTAIN WILD;
SAN LUIS VALLEY ECOSYSTEM COUNCIL;
SAN JUAN CITIZENS ALLIANCE;
WILDERNESS WORKSHOP,
Defendants
DAN DALLAS, in his official capacity as Forest Supervisor;
MARIBETH GUSTAFSON, in her official capacity as Deputy Regional Forester;
UNITED STATES FOREST SERVICE,
a Federal Agency within the U.S. Department of Agriculture;
UNITED STATES FISH AND WILDLIFE SERVICE,
a federal agency within the Department of the Interior,
Intervenor,
LEAVELL-McCOMBS JOINT VENTURE.
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ORDER SETTING ASIDE AGENCY ACTION
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